Lokpal Bill for seizure of assets during trial

The Lokpal and Lokayuktas Bill of 2011 empowers sleuths to attach and confiscate properties acquired through tainted means by bureaucrats under scanner even while the prosecution is pending.

“The bill contains provisions for attachment/confiscation of property acquired by corrupt means, even while prosecution is pending,” the UPA government said in a press release, a day after the Union Cabinet cleared some amendments to the bill that has absorbed many changes suggested by Parliamentary select committee.

After incorporating the new suggestions from the government, the bill piloted by ministry of personnel will have to be introduced again in Parliament during the budget session for final approval. 

To make the anti-corruption mechanism more stringent, the bill proposes to enhance punishments under Prevention of Corruption Act, it said. While the maximum punishment has been enhanced from seven years to ten years, the minimum sentence has gone up from 6 months to 2 years.

Also, the Lokpal will retain superintendence on CBI on matters referred by the watchdog for inquiry. For the remaining matters, CBI will be answerable to the Central Vigilance Commission. The bill provides for selection of Lokpal members by a selection committee comprising the Prime Minister, Speaker (Lok Sabha), Leader of Opposition (Rajya Sabha), Chief Justice of India or a Supreme Court judge nominated by the CJI and an eminent jurist nominated by the President, the government said.

 The government has accepted the Rajya Sabha select committee recommendation that the fifth member of the selection committee (i.e., eminent jurist) may be nominated by the President on the basis of recommendation of the first four members of the selection committee.  The select committee had recommended that the Lokpal should be given power to order an investigation straightaway (without first ordering a preliminary inquiry) in case it  finds that a prima facie case exists.

The government has accepted this recommendation but with the caveat that “the Lokpal should, before coming to a conclusion that there exists a prima facie case for entrusting the matter for investigation, call for the explanation of the public servant and then decide whether there exists a prima facie case for ordering investigation”.

The BJP, however, has taken serious objection to government inserting this clause as they believe that it would come as a major impediment since accused officers would be able to remove or destroy evidence once they get a wind of probe taking place against them.

The government has accepted 14 out of 16 recommendations of the parliamentary panel.